Zeller v. University Savings Ass'n

J. CURTISS BROWN, Chief Justice.

Summary judgment was rendered against plaintiffs in their suit to set aside the foreclosure sale of their residence.

The property in question was owned by Charles Zeller and wife (appellants) subject to a purchase money mortgage and lien. On July 22, 1976, appellants, to secure a loan for home improvements by University Savings Association (Association), executed three promissory notes and subjected the residence to a second-lien deed of trust. Appellants made payments on the notes for seventeen months during which time the Association accepted numerous payments…